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Show CLIMAX REACHES) IN ADAMSON LAW t Supreme Court Rules Hat Manufacturers Entitled to Interest on Union Bank Deposits. Washington, Jan. 8. The climax in the legal test over constitutionality of the Adamson law was reached today in the supreme court Arguments were begun in the Missouri. Mis-souri. Oklahoma & Gulf railroad's test case, in which the department of jus-tice jus-tice la appealing from Federal Judge Hook's decision at Kansas City, Mo., that the law passed hist Sepi ember when a nation-wide railroad strike seemed Imminent Is unconstitutional, I null and void. Conclusion of the arguments by tomorrow to-morrow is expected. They are the first on the merits of the Adamson law in any court, Judge Hook having de-elded de-elded the case without formal hearings hear-ings in order to expedite the appeal for the supreme court's final determination. determi-nation. A decision is expected within with-in a few weeks at most. Voluminous Briefs Filed. Voluminous briefs were filed today by the federal and railroad counsel before be-fore the beginning of the arguments which proceeded after announcement by the court of numerous opinions and orders on reconvening after its holiday recess. Numerous precedents, including supreme su-preme court decisions, were cited in the department of Justice brief in support sup-port of the law's validity. The railroad's rail-road's brief contended that tho law is unworkable, incomparable of application, applica-tion, interferes with liberty of contract, con-tract, does not fall within congress' authority to regulate interstate commerce com-merce and takes railroad property "without due process" of law. The arguments were begun by counsel coun-sel for the department of justice which has full charge of the defense, the railroad rail-road brotherhoods not appearing officially. offi-cially. Eight hours for the hearing was desired by tho railroad's counsel, but was deemed necessary by the federal fed-eral attorneys. The usual time given by the court for a case is three hours. Ask Annullment of Hook Decision. Annullment of Circuit Judge Hook's decision holding the Adamson law IV3 I constitutional and dismissal of the rail- road's suit was asked in the brkf I of the department of justice. As an "hours of service" sot and also as a wage law, the federal brief : contended the law Is constltut icnal, within the power of congress to enact (and workable. Inferentially, the brief I argued that compulsory arbi'ration i legislation, such as is under consider, atlon, also is constitutional in beha'f of public interests tp prevent tie ups of transportation facilities. Practicability of obeying the law, the brief asserted, has been admit' od again and again by railroad officials, particularly In hearings before congressional con-gressional committees last August and in conferences with President ilson. Change to Eight-Hour Day. "It is assumed that the mere change from the established and well understood under-stood ten hour standnrd day to th proposed eight-hour standard day waa all that was necessary or Intended," the brief stated, "citing that S3 percent per-cent of employes affected are now employed em-ployed on a ten-hour basis Admitting that a rigid eight-hour day for train operation Is not completely practica ble, the federal attorneys naid tho Adamson law should be enforced at least so far as is possible. "Two co-ordinate branches o' the government have evidenced the opinion opin-ion that the law Is constitutional. the brief continued. "Certainly this court will not strike down the law upon mere prophesies of its effect." Validity of Act. Alleged Infringement of the liberty of contract, it was contended, dees not affect the acts validity nor :lie assertion that congress enacted ii:.s la w from improper motives and upon insufficient information." j Arguing for the supreme power of congress over interstate commerce the brief said. "In the Adamson law the idea of the board of arbitration has been ndopt ed by direct action rather than ' through a board. Wage regulation J has a vital connection with interstate I commerce. Congress' power is ampl j to authorize direct control over the I wage relation of persons engage I in " interstate commerce. There certainly 1 falls within that power the right to take all steps necessary to put down a strike or prevent an impending lake all steps necessary to put down a : strike or prevent nn impending one " Missouri Attorney-General Fil?s i3- ef. separate brief w;uj filed by Franu Ilagerman of Kansas City, Mo., special assistant to the attorney-general. In addition to defending the law 08 w'lh-In w'lh-In the power of congress. Mr Hager-man Hager-man contended the railroads had pre I viously admitted but now 1eny th law is capable of operation. Jude Hook, he said, sustained its practicability practica-bility by ordering the railroads to kc p special account of wages due employes under the law to insure their prompt payment, if it Is sustained by the supreme su-preme court. rvo iiS |
